How Do You Value a Claim in a Personal Injury Case?

When you’ve been injured in an accident caused by someone else’s negligence, you have the right to seek compensation for your injuries and damages. This is known as a personal injury claim. In New York, while it is possible to try and handle your claim on your own, it’s always best to hire personal injury lawyers in NYC to help you. The personal injury claim process can be complex and technical, and if you are not guided properly you may end up with a lower personal injury claim payout than what you deserve. 

At Joudeh & Kuller, LLP, we’re well-versed in personal injury claims and are committed to giving our clients the justice and compensation they deserve. If you or a loved one has been recently injured due to the negligence of another, please let us help you. With our combined 15 years of experience in personal injury, we will ensure you receive exactly what you are owed and that the negligent parties are held responsible for their actions.

What can a personal injury claim cover?

A personal injury claim can cover a wide range of damages, including medical expenses, lost wages, pain and suffering, and property damage. Depending on the circumstances of your case, you may be entitled to compensation for both economic and non-economic damages.

Economic damages are quantifiable losses that can be easily calculated, such as medical bills and lost wages. Non-economic damages, on the other hand, are more subjective and can be more difficult to calculate. These damages may include pain and suffering, emotional distress, and loss of enjoyment of life.

How is a personal injury claim valued?

The value of a personal injury claim depends on a variety of factors, including the severity of your injuries, the impact on your daily life, and the degree of fault of the other party. To determine the value of your claim, your attorney will typically consider the following factors:

 

  • Medical Expenses: Your attorney will calculate the total cost of your medical treatment, including any future medical expenses that you may incur as a result of your injuries.

 

  • Lost Wages: If your injuries have caused you to miss work, your attorney will calculate the amount of income you have lost and may also consider any future lost earnings.

 

  • Pain and Suffering: Your attorney will consider the severity of your injuries, the duration of your recovery, and the impact on your daily life when calculating compensation for pain and suffering.

 

  • Property Damage: If your property was damaged in the accident, your attorney will calculate the cost of repairing or replacing the damaged property.

 

  • Degree of Fault: New York follows a pure comparative negligence rule, which means that your compensation may be reduced if you were partially at fault for the accident. Your attorney will consider the degree of fault of each party involved in the accident and will work to minimize any reduction in your compensation.

How can an attorney get a better settlement for you?

An experienced personal injury attorney can make a significant difference in the amount of compensation you receive for your injuries.

Firstly, your attorney can gather all the evidence necessary to prove that the other party was at fault for the accident. This may include witness statements, accident reports, and expert testimony.

Your attorney will also negotiate with the insurance company on your behalf to get you the maximum compensation possible. Insurance companies are known to offer low settlements initially, but experienced NYC personal injury lawyers know how to negotiate for a better offer.

If necessary, your attorney will prepare your case for trial. This includes gathering evidence, identifying witnesses, and preparing a strong legal argument to present in court.

 

FAQ

Q: How long do I have to file a personal injury claim in New York?

A: In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident.

 

Q: Can I still file a personal injury claim if I don’t have insurance?

A: Yes, you can still file a personal injury claim even if you don’t have insurance. Your attorney will work to get you compensation for your medical expenses and other damages.

Q: Do I have to go to court to get compensation for my injuries?

A: Not necessarily. Many personal injury cases are settled outside of court through negotiations with the insurance company. However, if a fair settlement cannot be reached, your case may go to trial.

You have a right to seek compensation for injuries and damages if you have been injured in an accident caused by someone else’s negligence. In such cases, it is vital to seek legal help as soon as possible. At Joudeh & Kuller, LLP, our experienced personal injury attorneys can help you through the entire legal process and get you the compensation you deserve. Your personal injury claim may be valued higher than what the insurance company is offering, and we will do all that we can to make sure you receive the maximum compensation possible.

Contact us today to schedule a free consultation and learn more about your legal options. We’re committed to fighting for your rights and giving you the best possible outcome. Let us help you get the compensation you deserve.

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